The COMMUNICATION FROM the
the Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs says that the 9 July. July
1948 was on 31. meeting of the General Conference of the international organization
the work received the Convention on freedom of Association and protection of the rights of the Union,
organise (No 87). The ratification of the Convention by the Czechoslovak Socialist
Republic was registered on 21. January 1964 by the Director General
The International Labour Office. According to its article 15 of the Convention entered for
The Czechoslovak Socialist Republic in force on 21. January
Czech translation of the Convention shall be published at the same time.
Convention No. 87
Convention concerning freedom of Association and protection of the right to organise
The General Conference of the International Labour Organization, which was convened
the Administrative Council of the International Labour Office to San Francisco and there met
17 May. in June 1948, at its thirty-first session,
rozhodnuvši take the form of a Convention, certain proposals concerning freedom of
Association and protection of the right to organise, which are the seventh
the point of the agenda of the meeting,
considering that the preamble to the Constitution of the international organization of work
announces the recognition of the principles of freedom of association as a means to improve the
conditions of employment and ensure peace,
considering that the Declaration of Philadelphia reaffirms that "freedom of the
of expression and Association is a necessary condition for steady progress ",
erouc in mind that the International Labour Conference at its thirty-
the meeting unanimously approved the principles that could form the basis of
taking into account that the General Assembly of the United Nations on its second
the meeting adopted the following principles in their and called international organization
the work, to put all their efforts in order to be able to accept
one or more of the international conventions,
accepts 9 June. in July 1948, the Convention, which will be referred to as the Convention
on freedom of Association and protection of the right to organise, 1948:
Freedom of Association
Each Member State of the International Labour Organisation for which this
Convention, undertake to carry out the following provisions.
Workers and employers, without any difference shall have the right, without
prior approval set the Organization of their choice, as well as
become members of such organizations, and for the only conditions that
subordinate statutes of these organizations.
(1) the Organization of workers and employers have the right to draw up their
statutes and rules, to elect their representatives freely, organize
its administration and activities and to formulate their programmes.
(2) public authorities shall refrain from any interference which would restrict this
the right or prevent it from legal execution.
The Organization of workers or employers, are not subject to dissolution or
the suspension of the activities of the administrative channels.
Organizations of workers and employers have the right to set up a Federation and
the Confederation, as well as the State of their members, and each organization, the Federation of
or Confederation has the right to become a member of international organisations
of workers and employers.
The provisions of the above articles 2, 3 and 4 shall apply to the Federation and
the Confederation of organizations of workers and employers.
The acquisition of the status of legal persons, organisations of workers or
employers, their federations of cannot be subordinate to
such conditions, which restricted the implementation of the provisions of the above
referred to in articles 2, 3 and 4.
(1) when exercising the rights that are granted to them by the Convention, it must
workers, employers and their respective organisations, like other
persons and organized groups, ensure legality.
(2) national legislation may not restrict, nor must it be
applied so as to limit the guarantees provided for by this Convention.
(1) the extent to which the guarantees arising from this Convention, applied in
the armed forces and the police, will be provided for by national
(2) in accordance with the principles set out in paragraph 8 of article 19 of the Constitution of the international
Organization of work on the ratification of this Convention cannot be certain Member
the State considered that touches any of the existing law,
the Court's decision, customs or the agreement, on the basis of which provide
members of the armed forces and the police of the rights guaranteed by the Convention.
In this Convention, the word "organization" means any organization of workers
or employers, which aims to promote and defend the interests of the
workers or employers.
Protection of the right to organise
Each Member State of the International Labour Organisation for which this
the Convention, undertakes to take all necessary and appropriate measures to
to ensure that workers and employers of the free exercise of the rights
(1) in respect of the territories referred to in article 35 of the Constitution of the international organization
work, modified by the Act amending the Constitution of the International Labour Organization of the year
in 1946, with the exception of the territory referred to in paragraphs 4 and 5 thereof as follows
the amended article, each Member State of the organisation which ratifies
This Convention shall be sent to the Director of the International Labour Office
at the same time with the ratification of the Convention or in the shortest possible time after the
ratification a declaration stating:
and territories in respect of which) is committed to implementing the provisions of the Convention without
(b)), in which the territory is committed to implement the provisions of the Convention, subject to the
changes and details about these changes,
(c)) the territories to which it is not possible to implement the Convention, and in these cases the
the reasons for which it is not possible to carry out,
(d)) territories for which reserves its decision.
(2) the obligations referred to under letters a and b)) of the first paragraph of this article
will be considered as an integral part of the ratification and to have the same
(3) each Member State may at any time a new statement in whole or
in part, give up the reservations contained in its original statement on the basis of the
the provisions in subparagraphs (b)), c) and (d)) of the first paragraph of this article.
(4) each Member State may, in the periods during which the Convention
terminate pursuant to the provisions of article 16, be sent to the Director of the new
the declaration modifying in any other respect the text of any
the previous statement and giving the information about the current situation in such
(1) if the questions covered by the Convention fall within the custom
the powers of the nemetropolitního territory, the Member State responsible for
the international relations of that territory in agreement with the Government of this territory can
send to the Director the International Labour Office a Declaration on behalf of the
the territory of the acceptance of the obligations contained in this Convention.
(2) the Declaration of acceptance of the obligations contained in this Convention may be
sent to the Director-General of the International Labour Office:
and) two or more Member States of the Organization of the territory falling under
their joint power,
(b) each international authority, find) for the administration of a territory
on the basis of the provisions of the Charter of the United Nations or any other
the applicable provisions concerning the territory.
(3) the Statement sent by the Director-General International Labour Office
in accordance with the provisions referred to in the preceding paragraphs of this article shall
indicate whether the provisions of the Convention will be implemented on a given territory without
changes, or change, if in the statement that the provisions of the
the Convention will be carried out, it must be detailed, in what
These changes are based.
(4) a Member State, the Member States or competent international authority may
in the periods during which you can denounce this Convention in accordance with the provisions of the
Article 16, send to the Director a new statement amending the
any other direction the text of any previous declarations and
containing information about the current status regarding the implementation of this Convention.
The formal ratifications of this Convention shall be communicated to the Director-
The International Labour Office and written by him.
(1) this Convention undertakes to only the Member States of the international organization
labour, whose ratification has been registered by the Director General.
(2) shall take effect twelve months after the date the Director writes
the ratification of the two Member States.
(3) For every other State, this Convention shall enter into force twelve months after the
the date on which its ratification has been registered.
(1) each Member which has ratified this Convention, it may
terminate after a period of ten years from the date on which this Convention became for the first time
the effectiveness of written communication to the Director General of the International Office
work that is writes. Termination shall take effect one year after the date on which the
It was registered.
(2) any Member State which has ratified this Convention and which does not apply
rights to terminate her under this article during the year following the
the expiry of the period of ten years mentioned in the preceding paragraph, the
by the Convention for the next ten-year period and then it will be able to terminate
always after the expiry of the 10-year period, under the conditions laid down in this
(1) the Director General of the International Labour Office shall notify all the Member
States, the International Labour Organisation the ratification of the Declaration, registration of all
and depositions, which he shall communicate to the members of the organization.
(2) when the Member States of the Organization to communicate to write the second
ratification, which was notified to the Director General, notify the Member
States of the Organization to the date when this Convention enters into force.
Director General of the International Labour Office shall notify the
the Secretary-General of the United Nations for registration in accordance with article 102 of the Charter of the United
Nations full particulars of all ratifications, declarations and statements
which enrolled under the provisions of the preceding articles.
Always, if considered necessary, the Board of the International Office
work shall submit to the General Conference a report on the implementation of this Convention, and
examine whether it is desirable to put on the agenda of the General Conference
the question of its full or partial revision.
(1) if the General Conference adopt a new Convention revising or completely
partly this Convention and does not appoint a new Convention otherwise:
and the ratification of the revising Convention) new Member State causes the ipso jure
immediate denunciation of this Convention, notwithstanding the provisions of article 16, and
with the proviso that the new revising Convention enters into force,
(b)), from the time when the new revising Convention enters into force, this Convention shall
Member States shall cease to be open to ratification.
(2) this Convention shall remain in force, however, as to form and content for those
Member States which have ratified it, and that have not ratified the revising
The English and French texts of this Convention are equally authentic.